Landlord & Tenant Privacy Rights

The laws of most states give landlords the right to enter their
rental property under specified circumstances, provided they meet certain legal
notice requirements. Landlords typically include a clause on landlord’s right
to access and tenant privacy in their lease or rental agreement.

show the rental unit to a prospective tenant toward the end of a tenancy, or

show the rental unit to a potential purchaser of
the property.

State laws (often called access or tenant privacy laws) usually
require landlords to provide a certain amount of notice (typically, 24 to 48 hours)
before entering; some state laws simply requires “reasonable” notice (generally
presumed to be 24 hours, but this depends on the circumstances). See your state
laws on notice required to enter rental property for details. State tenant privacy laws do not usually specify the
exact hours that a landlord may enter, but allow the landlord to enter rental
property at “reasonable” hours.

If a tenant restricts landlord's access for an allowable reason (such as to make repairs), after the landlord has provided reasonable notice, the landlord may have grounds to terminate the tenancy for violation of the lease or rental agreement.

When Advance Notice Is Not Required

Landlords can always enter a rental unit without giving
tenants notice in order to respond to an emergency, such as a fire. The
landlord can also enter without notice if the tenant agrees to less notice, or invites
the landlord to enter the apartment or rental unit.

Other Types of Invasion of Tenant Privacy

There are a variety of other situations when a landlord may
violate a tenant’s privacy rights. Examples include the landlord doing the
following:

Letting someone other than the tenant enter the
rental unit without the tenant’s permission (municipal inspections and the
police may be exceptions).

Giving information about the tenant to strangers
(such as gossiping about a tenant’s financial
problems with other tenants in the building). Landlords do, however, have the
right to give out normal business information about a tenant to businesses who
ask and have a legitimate right to know—for example, another landlord who wants
to verify the date of a person’s tenancy.

Calling (or visiting) the tenant’s workplace,
unless there is an emergency or a family member is trying to access the rental property.

Restricting guests without cause. (Leases and
rental agreements may, however, set limits on guest visits in order to avoid
having a guest turn into an illegal subtenant.)

Spying on the tenant or visiting their rental
too frequently just to check up on the tenant or without a specific reason to
do so. (A landlord’s intrusive behavior may be excused if the tenant is dealing
drugs or engaging in other illegal activity on the rental property. A landlord
who allows drug dealing on their rental property may face a lawsuit from other
tenants, neighbors, and government agencies.)

Changing the locks on their own, turning off
utilities, or locking a tenant out of the property because the tenant did
something the landlord did not agree with.

Tenant Remedies In Cases of Landlord
Invasion of Privacy

A tenant who feels that the landlord has invaded his or her
privacy, should ask the landlord to stop illegal entry and follow up this
request in writing. (If the property manager is the problem, the tenant should
be sure to contact the landlord or property owner.) The tenant’s letter should
explain why there is an invasion of privacy and what the tenant plans to do if
the behavior does not stop. If the landlord
repeatedly invades the tenant’s privacy by entering without providing
appropriate notice or without an allowable reason, such as those specified
above, a tenant may have two options:

Sue the landlord and ask for money damages

Depending on the situation, the tenant may sue the landlord for
invasion of privacy, illegal trespass, interference with the tenant’s right to undisturbed
use of the rental property, and/or infliction of emotional distress. If sexual harassment is involved, the tenant
may have a discrimination claim. A tenant who wants to sue a landlord on one or
more of these grounds should consult an experienced tenant’s lawyer for advice.

Break the lease and move out

This falls under the category of “constructive eviction,”
which means that by violating the law (in this case, by invading the tenant’s
privacy), the landlord has (for all practical purposes) evicted the tenant.